Text of AL HB 391 (2021)

1 HB391 2 209872-1 3 By Representatives Stadthagen, Pringle, Kitchens, Lipscomb, 4 Estes, Nordgren, Mooney, Marques, Shaver, Sorrells, Meadows, 5 Shedd, Wood (D), Brown (C), Reynolds, Fincher, Moore (P), 6 Smith, Sorrell, Standridge, Oliver, Isbell, South, Wingo, 7 Sullivan, Stringer, Garrett, Hurst, Robertson, Kiel, Hanes, 8 Bedsole and Ledbetter 9 RFD: Education Policy 10 First Read: 10-FEB-21 Page 0 1 209872-1:n:02/08/2021:AHP*/cr LSA2021-423 2 3 4 5 6 7 8 SYNOPSIS: This bill would provide that public K-12 9 schools may not participate in, sponsor, or provide 10 coaching staff for interscholastic athletic events 11 at which athletes are allowed to participate in 12 competition against athletes who are of a different 13 biological gender, unless the event specifically 14 includes both biological genders. 15 16 A BILL 17 TO BE ENTITLED 18 AN ACT 19 20 Relating to public K-12 schools; to provide that no 21 public K-12 school may participate in, sponsor, or provide 22 coaching staff for interscholastic athletic events at which 23 athletes are allowed to participate in competition against 24 athletes who are of a different biological gender, unless the 25 event specifically includes both biological genders. 26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Page 1 1 Section 1. (a) A public K-12 school may not 2 participate in, sponsor, or provide coaching staff for 3 interscholastic athletic events that are either scheduled by 4 or conducted under the authority of any athletic association 5 that permits or allows participation in athletic events 6 conducted exclusively for males by any individual who is not a 7 biological male as indicated on a birth certificate or 8 participation in athletic events conducted exclusively for 9 females by any individual who is not a biological female as 10 indicated on a birth certificate. 11 (b) This section does not apply to athletic events 12 at which both biological males and biological females are 13 permitted or allowed to participate. 14 Section 2. This act shall become effective on the 15 first day of the third month following its passage and 16 approval by the Governor, or its otherwise becoming law. Page 2

1 HB391 2 209872-3 3 By Representatives Stadthagen, Pringle, Kitchens, Lipscomb, 4 Estes, Nordgren, Mooney, Marques, Shaver, Sorrells, Meadows, 5 Shedd, Wood (D), Brown (C), Reynolds, Fincher, Moore (P), 6 Smith, Sorrell, Standridge, Oliver, Isbell, South, Wingo, 7 Sullivan, Stringer, Garrett, Hurst, Robertson, Kiel, Hanes, 8 Bedsole and Ledbetter 9 RFD: Education Policy 10 First Read: 10-FEB-21 Page 0 HB391 1 2 ENROLLED, An Act, 3 Relating to public K-12 schools; to provide that no 4 public K-12 school may participate in, sponsor, or provide 5 coaching staff for interscholastic athletic events at which 6 athletes are allowed to participate in competition against 7 athletes who are of a different biological gender, unless the 8 event specifically includes both biological genders. 9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 10 Section 1. The Legislature finds and declares the 11 following: 12 (1) Physical differences between biological males 13 and biological females have long made separate and 14 sex-specific sports teams important so that female athletes 15 can have equal opportunities to compete in sports. 16 (2) Physical advantages for biological males 17 relevant to sports include, on average, a larger body size 18 with more skeletal muscle mass, a lower percentage of body 19 fat, and greater maximal delivery of anaerobic and aerobic 20 energy than biological females. 21 (3) Even at young ages, biological males typically 22 score higher than biological females on cardiovascular 23 endurance, muscular strength, muscular endurance, and speed 24 and agility. These differences become more pronounced during 25 and after puberty as biological males produce higher levels of Page 1 HB391 1 testosterone. On average, biological male athletes are bigger, 2 faster, stronger, and more physically powerful than their 3 biological female counterparts. This results in a significant 4 sports performance gap between the sexes. 5 (4) Studies have shown that the benefits that 6 natural testosterone provides to biological male athletes is 7 not significantly diminished through the use of testosterone 8 suppression. Testosterone suppression in biological males does 9 not result in a level playing field between biological male 10 and biological female athletes. 11 (5) Because of the physical differences between 12 biological males and biological females, having separate 13 athletic teams based on the athletes' biological sex reduces 14 the chance of injury to biological female athletes and 15 promotes sex equality. It provides opportunities for 16 biological female athletes to compete against their peers 17 rather than against biological male athletes, and allows 18 biological female athletes to compete on a fair playing field 19 for scholarships and other athletic accomplishments. 20 Section 2. (a) A (a)(1) Except as provided in 21 subsection (b), a public K-12 school may not participate in, 22 sponsor, or provide coaching staff for interscholastic 23 athletic events within the state in Alabama that are either 24 scheduled by or conducted under the authority of any athletic 25 association of the state that permits or allows participation Page 2 HB391 1 in athletic events within the state conducted exclusively for 2 males by any individual who is not a biological male as 3 indicated on a the original birth certificate or participation 4 in athletic events within the state conducted exclusively for 5 females by any individual who is not a biological female as 6 indicated on a the original birth certificate. 7 (2) A public K-12 school may not allow a biological 8 female to participate on a male team if there is a female team 9 in a sport. A public K-12 school may never allow a biological 10 male to participate on a female team. 11 (b) This section does not apply to athletic events 12 at which both biological males and biological females are 13 permitted or allowed to participate. 14 Section 3. This act shall become effective on the 15 first day of the third month following its passage and 16 approval by the Governor, or its otherwise becoming law. Page 3 HB391 1 2 3 4 Speaker of the House of Representatives 5 6 President and Presiding Officer of the Senate House of Representatives 7 I hereby certify that the within Act originated in 8 9 and was passed by the House 18-MAR-21. 10 11 Jeff Woodard 12 Clerk 13 14 Senate 15 15-APR-21 Amended and Passed House 16 15-APR-21 Concurred in Sen- ate Amendment 17 Page 4